This text concerns delivery / service of unilateral legal acts sent by email (Supreme Court Judgment of 6 August 2024, Ref. No. 27 Cdo 3499/2023)
The Czech Supreme Court has again addressed the delivery of unilateral legal acts via email. If an email is delivered to an inbox that the recipient regularly uses, it is considered delivered. While this seems straightforward, the Court emphasised that the sender bears the risk of any delivery issues.
To be valid, the email must clearly reach the recipient’s “sphere of control”—meaning the recipient must have had a real opportunity to become aware of the communication. Actual knowledge of the contents is not required; objective possibility to access the message is sufficient. Email is thus an acceptable method of delivery under private law, provided no specific form is required by law, contract, or corporate statutes.
Importantly, the Court confirmed that delivery can occur by any means allowing the recipient to access the content—whether by postal service, a third party, personal handover, or email. However, where email is used, any risk of failed delivery remains with the sender.
Where the recipient regularly uses the email address and the message is demonstrably delivered to that inbox, the act is deemed delivered—absent any objective barriers.
The full decision is available (in Czech) here.